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After the Jimmy John's noncompete for sandwich maker debacle , some members of Congress asked the FTC and the DOL to investigate the sandwich chain for potential antitrust and labor law violations. Some states have moved to ban noncompetes altogether...
Or, States That Don't Suck For Employees Part VIII
Living in Florida, one of the worst states in America for employees on noncompete agreements, I'm used to having to deal with a statute that says the courts cannot consider any economic hardship...
Florida's noncompete statute is, no doubt, harsh on employees and extremely favorable to employers. However, the 11th Circuit Court of Appeals just made it a bit less harsh. The court ruled that, although Florida law bans the courts from considering...
Having received more questions on noncompete agreements than any other issue, I can only assume that more and more employers are imposing these contracts on employees all over the country. There are lots of defenses to them, but defending takes money...
This reader question was left on my post Non-Compete Agreements - Top 5 Ways To Get Out of Yours :
Hi Donna, I am in the State of PA and had signed two year non competes to get options grants. I left the company under a voluntary separation agreement...
Whether you work in the copy room or in a corner office,
you may have been presented with something called a Non-Competition Agreement.
Or maybe it was called something sneakier, like a Confidentiality Agreement or
Intellectual Property Agreement....
by Michael R. Greco
February 2013 was an active month in the world of
non-competes and trade secrets, and if we read the tea leaves, it looks like
things are only going to get busier. Before I recap some of February's
highlights and direct you...
Pennsylvania Courts Almost Never Throw Out
Non-Compete Agreements Because They Are Overbroad
Many clients have come to me convinced that their non-compete agreement is
unenforceable because it is for too many years, or to too broad a
When companies sue their former employees on the ground that they allegedly breached a broadly-worded noncompete agreement , a common defense tactic has been to file a demurrer, arguing that the complaint fails to state a claim upon which relief can be...
In October of 2011, seven mortgage bankers at Quicken's Phoenix area office resigned. They received a letter from the company reminding them of the obligations of their employment agreements including the non-compete, confidentiality, non-communication...
A couple of years ago, I blogged about a legal theory in a Legal Intelligencer article that would create enforceable noncompetes without any consideration. The premise was pretty simple, Pennsylvania has a law called the Uniform Written Obligations Act...
According to the Wall Street Journal , litigation over noncompete agreements is rising:
More employers are requiring their new workers to sign “noncompete” agreements, which they say are needed to prevent insiders from taking trade secrets...
K. Newman, Partner and chair of the employee mobility and trade secret practice
at PaulHastings, discusses the Computer Fraud and Abuse Act in the context of
an employee's "authorized" use of company systems for unauthorized purposes...